Mojang and Bethesda Reach A Settlement In 'Scrolls' Trademark Dispute

from the scrolls-will-be-scrolls dept

In one of the biggest letdowns in trademark history, Bethesda and Mojang have finally ended the dispute over the trademark status of the name "Scrolls". No massive court battle. No Quake 3 match. Just a simple settlement. In a very short post on the Mojang blog, Carl Manneh answers the two big questions about the dispute:

To answer the big question – yes Scrolls is still going to be called Scrolls.

To answer the second question – we aren't going to keep the trade mark.

So that's that. Which is probably just as well. After the initial ruling that gamers would most likely not be confused over the similar names, Bethesda's success in court was looking bleak. This was probably the best solution for all parties involved. Bethesda wins by not losing the appearance of control over the word "Scrolls", and not ending up like Tim Langdell. Mojang gets to continue calling its this game "Scrolls", while ceding the right to name any subsequent game "Scrolls". The only downside is that we lose the opportunity to set legal precedent on the ability to control individual words within a trademarked phrase.

Scr*lls

sure glad I'm third to post, otherwise I might have had to risk that 'scr*lling' down the page... and that mob who released that bug ridden, beta quality, lets have the modders fix it multi billion dollar pile of dragon/snowshite... might not like me doing that...

Re:

That sounds like a cost free concession to me. It's a card game, rolling updates make more sense than a sequel so one probably isn't planed even long term. I bet they offered to do what they were already planning to do.

Re:

I have read the updates and yes you are right. Mojang gets to use the name for this game in all its versions. That is what the conflict was about though, the naming rights of this game. Not sequels or other games.

That said, I have updated the story with the information and the link to Joystiq.

My point of view

I don't know if this was necessarily Beth being asshats about trying to claim "Scrolls". Yes, that's what was claimed in the lawsuit, but it may have been a more "offense is the best defense" sort of move.

I mean, think of it from the other side - if Mojang gets control of the more generic "Scrolls" trademark, then would Beth be violating that with the name "The Elder Scrolls"? I don't think trademark law has anything resembling "Prior Art" does it?

Re: My point of view

Trademark does. That was what this was all about. Under trademark law, when someone applies for a mark, other groups with similar trademarks can challenge that registration. That is what Bethesda did in this case.

However, someone successfully getting a trademark does not mean that other groups with similar marks already registered are infringing. They are in the clear.

Cool

y'all are fucking stupid don't you have better things to do then blog about a fucking lawsuit that has nothing to do with you hell half of you spell like kid oh wait you are kid what a bunch of damb asses